P.R. Laws tit. 29, § 438

2019-02-20 00:00:00+00
§ 438. Employment of minors—Evidence of age

The evidence of age required by §§ 431—443a and 446—456 of this title shall consist of one of the following, which will be required in the order herein designated:

(a) A birth certificate or attested transcript issued by the person in charge of the registry of vital statistics or other officer charged with the duty of recording births. No fee shall be charged for said certificate.

(b) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the minor. No fee shall be charged for this certificate.

(c) A passport or a certificate of arrival issued by immigration officers of the United States showing the age of the minor.

(d) Other documentary record of the minor’s age satisfactory to the Secretary of Labor and Human Resources; Provided, however, That a school record, a school census certificate, or a parent’s, guardian’s or custodian’s affidavit or statement of the minor’s age shall not be accepted as specified in subsection (e).

(e) A certificate of physical age, signed by a physician, and based upon a physical examination of the minor. Such certificate shall state the height and weight of such minor and other evidence upon which the opinion as to the age of such minor is founded. A parent’s, guardian’s or custodian’s affidavit of age, and a record of the age as given in the register of the school first attended by the minor, if obtainable, or in the earliest available school census, shall accompany the physician’s certificate of age.

No evidence authorized by a subsequent subdivision of the order of proof herein enumerated shall be accepted unless there be received and filed substantial evidence that the proof required by the preceding subsections cannot be obtained. If subsequent proof of age of the sort required under this section shall be likewise filed and shall conclusively establish the falsity of the proof previously filed, the Secretary of Labor and Human Resources shall cancel the certificate and shall issue or refuse a new one, according to the age thus established. The proof of age in the files of the Child Bureau shall be receivable in all future applications for employment certificates without such proof being again required; Provided, That upon each new application the applicant’s physical fitness for the particular employment must be reestablished as hereinafter provided.

All birth or baptismal certificates, passports, or any other documentary record submitted as proof of age may be returned to the minors upon request, after the officials authorized to issue the certificates shall have made a literal transcription thereof for their files.

History —May 12, 1942, No. 230, p. 1298, § 8, eff. 90 days after May 12, 1942.